Parliamentary Sovereignty and the Locus of Constituent Power in the United Kingdom

Part I of this paper analyses the current UK constitutional ‘torpor’, arguing that despite what appear to be a number of substantial constitutional reforms in recent decades, the persistent inviolability of parliamentary sovereignty is inhibiting deeper constitutional restructuring. The result is a constitutional law in ‘crisis’ and potentially at the precipice of a paradigmatic revolution. Part II then introduces the concept of constituent power and questions the assumption made by much of the literature that constituent power is exclusively vested in the People.



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